Torrez

People v. Torrez

Good Law
1995 Cal. App. LEXIS 52·31 Cal. App. 4th 1084·37 Cal. Rptr. 2d 712·95 Daily Journal DAR 1115·95 Cal. Daily Op. Serv. 657
Court of Appeal of CaliforniaJanuary 24, 1995No. B077691California3,111 words

Opinion

Lead Opinion

Stone, J.

Adolfo J. Torrez appeals from a judgment of conviction of two counts of driving while under the influence of alcohol (Veh. Code, §23152, subds. (a), (b)), and one count of driving while his license was suspended for a prior conviction of driving under the influence (Veh. Code, § 14601.2, subd. (a)). The first two counts were felonies *1087 because appellant had incurred three prior convictions. (Veh. Code, § 23175.) He contends that: 1) the trial court committed reversible error by allowing the jury to use appellant’s postarrest statements to the police as evidence of his guilt; 2) his defense counsel was ineffective in failing to challenge the relevance of his admission to a prosecution witness; and 3) he was denied a fair trial and due process by the trial court’s instructing the jury with CALJIC No. 2.01. There is no reversible error, and we affirm the judgment.

Facts

Gloria Lopez heard a loud noise while she was in her brother-in-law’s front yard near the comer of Second Street and Garfield in Oxnard, California. She saw a large reddish car with severe damage in front. The car stopped 10 feet away from Ms. Lopez at the comer stop sign and stalled for about 5 to 10…

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